Senate Study Bill 3100 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED JUDICIAL BRANCH BILL) A BILL FOR An Act relating to clerks of court, including the collection 1 of court debt, the filing of medical reports, and the 2 indexing of notices of lis pendens by county recorders, 3 out-of-state-witness mileage expenses, and including 4 effective date and applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5254XD (6) 86 jh/rj

S.F. _____ H.F. _____ DIVISION I 1 COLLECTION OF COURT DEBT 2 Section 1. Section 602.8107, subsection 2, unnumbered 3 paragraph 1, Code 2016, is amended to read as follows: 4 Court debt shall be owed and payable to the clerk of the 5 district court , the clerk of the court of appeals, or the 6 clerk of the supreme court . All amounts collected shall be 7 distributed pursuant to sections 602.8106 and 602.8108 or as 8 otherwise provided by this Code. The clerk may accept payment 9 of an obligation or a portion thereof by credit card. Any fees 10 charged to the clerk with respect to payment by credit card may 11 be paid from receipts collected by credit card. 12 Sec. 2. EFFECTIVE UPON ENACTMENT. This division of this 13 Act, being deemed of immediate importance, takes effect upon 14 enactment. 15 DIVISION II 16 FILING OF CHIEF MEDICAL OFFICER’S REPORT 17 Sec. 3. Section 125.84, unnumbered paragraph 1, Code 2016, 18 is amended to read as follows: 19 The facility administrator’s report to the court of the 20 chief medical officer’s substance abuse evaluation of the 21 respondent shall be made no later than the expiration of the 22 time specified in section 125.83 . At least two copies of the 23 The report shall be filed with the clerk, who shall distribute 24 the copies of the report in the manner described by section 25 125.80, subsection 2 . The report shall state one of the four 26 following alternative findings: 27 Sec. 4. Section 229.14, subsection 1, unnumbered paragraph 28 1, Code 2016, is amended to read as follows: 29 The chief medical officer’s report to the court on the 30 psychiatric evaluation of the respondent shall be made not 31 later than the expiration of the time specified in section 32 229.13 . At least two copies of the The report shall be filed 33 with the clerk, who shall dispose of them distribute copies 34 of the report in the manner prescribed by section 229.10, 35 -1- LSB 5254XD (6) 86 jh/rj 1/ 9

S.F. _____ H.F. _____ subsection 2 . The report shall state one of the four following 1 alternative findings: 2 Sec. 5. EFFECTIVE UPON ENACTMENT. This division of this 3 Act, being deemed of immediate importance, takes effect upon 4 enactment. 5 DIVISION III 6 RECORDING OF LIS PENDENS 7 Sec. 6. Section 331.602, Code 2016, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 34A. Record and index a notice of lis 10 pendens and related documents as provided in section 617.10. 11 Sec. 7. Section 364.22, subsection 5, paragraph a, Code 12 2016, is amended to read as follows: 13 a. Upon receiving a citation under subsection 4 that 14 affects real property and that charges a violation relating 15 to the condition of the property, including a building code 16 violation, a local housing regulation violation, a housing code 17 violation, or a public health or safety violation, the clerk of 18 the district court shall index the citation pursuant to section 19 617.10 , if the legal description of the affected property is 20 included in or attached to the citation , the city shall file 21 the citation with the clerk of the district court and a notice 22 of lis pendens with the county recorder pursuant to section 23 617.10 . 24 Sec. 8. Section 575.1, subsection 2, paragraph b, 25 subparagraph (1), Code 2016, is amended to read as follows: 26 (1) Pendency of such a proceeding shall not be indexed 27 under section 617.10 and shall not constitute lis pendens or 28 constructive notice to third persons under sections 617.11 29 through 617.15 617.14 . 30 Sec. 9. Section 602.8102, subsection 94, Code 2016, is 31 amended by striking the subsection. 32 Sec. 10. Section 602.8105, subsection 2, paragraph g, Code 33 2016, is amended by striking the paragraph. 34 Sec. 11. Section 617.10, Code 2016, is amended by striking 35 -2- LSB 5254XD (6) 86 jh/rj 2/ 9

S.F. _____ H.F. _____ the section and inserting in lieu thereof the following: 1 617.10 Notice of lis pendens. 2 1. When a petition or municipal infraction citation 3 affecting real estate is filed, any party to the pending action 4 may file a notice of lis pendens with the county recorder of 5 each county in which any part of the real estate lies. 6 2. A notice of lis pendens shall contain all of the 7 following: 8 a. The names of the parties. 9 b. The object of the action. 10 c. A description of the property involved or to be affected. 11 d. The county where the action is filed. 12 e. The associated case number. 13 3. a. The county recorder shall endorse on each notice of 14 lis pendens the day, hour, and minute when filed for recording 15 and the document reference number, and shall preserve the 16 notice. The recorder shall also immediately index the notice 17 and record the lis pendens in the manner provided for recording 18 real estate mortgages. 19 b. If a pleading is amended in such action which alters 20 the description of the real estate or the extent of the claim 21 affecting the real estate, a new notice may be filed. 22 4. If, after the notice of lis pendens is recorded, the 23 action is dismissed, with or without prejudice, the notice of 24 lis pendens is canceled as of the date of the dismissal. 25 5. The county recorder shall collect fees specified in 26 section 331.604 from the party filing the notice of lis 27 pendens. 28 6. The party who files a notice of lis pendens with a county 29 recorder shall also electronically file a copy of the notice 30 with the clerk of the district court where the action was 31 filed. 32 Sec. 12. Section 617.11, Code 2016, is amended to read as 33 follows: 34 617.11 Lis pendens. 35 -3- LSB 5254XD (6) 86 jh/rj 3/ 9

S.F. _____ H.F. _____ 1. When a petition or municipal infraction citation 1 affecting real estate is filed and a notice of lis pendens 2 is indexed pursuant to section 617.10 , either action shall 3 be considered pending so as to charge all third persons with 4 notice of its pendency, and while pending no interest can be 5 acquired by third persons in the subject matter thereof as 6 against the plaintiff’s rights of the party that filed the 7 notice . For purposes of this subsection, an action is pending 8 until the court enters a final order, including appeal and 9 remand, or the court orders disposition, if any, of the real 10 estate described in the notice of lis pendens, whichever is 11 later. 12 2. If a claim of interest against the property is acquired 13 prior to the indexing of a petition affecting real estate the 14 notice of lis pendens and is filed by anyone other than a city 15 and such claim is not indexed or filed of record prior to the 16 indexing of the petition notice of lis pendens , it such claim 17 is subject to the pending action as provided in subsection 1 , 18 unless any of the following occurs: 19 a. The claimant intervenes in the pending action prior to 20 entry of judgment. 21 b. The claimant, prior to transfer of an interest in the 22 property to a bona fide third-party transferee, records an 23 affidavit showing that the party seeking relief under the 24 pending action had, prior to the indexing of the petition 25 notice of lis pendens , actual notice of the claim of interest 26 and of the identity of the claimant. 27 3. If a claim of interest against the property is acquired 28 prior to the indexing of a petition or municipal infraction 29 citation affecting real estate notice of lis pendens and is 30 filed by a city and such claim is not indexed or filed of record 31 prior to the indexing of the petition or citation notice of 32 lis pendens , it such claim is subject to the pending action 33 as provided in subsection 1 , unless either of the following 34 occurs: 35 -4- LSB 5254XD (6) 86 jh/rj 4/ 9

S.F. _____ H.F. _____ a. The claimant intervenes in the pending action and obtains 1 relief from the court prior to entry of judgment. 2 b. Within ninety days after entry of judgment, the claimant 3 files an application to reopen a petition or municipal 4 infraction citation affecting real estate and filed by a city 5 and proves at the hearing on the application that the claimant 6 is entitled to relief because the city had actual notice of the 7 claim of interest and of the identity of the claimant prior to 8 the indexing of the petition or citation notice of lis pendens . 9 4. Subsections 2 and 3 shall not apply to a mechanic’s lien 10 filed pursuant to chapter 572 or to a person who has taken 11 possession of the property for value prior to the indexing of 12 the petition or citation notice of lis pendens . 13 Sec. 13. Section 617.13, Code 2016, is amended to read as 14 follows: 15 617.13 Real estate in other county. 16 When any part of real property, the subject of an action, is 17 situated in any other county than the one in which the action 18 is brought, the plaintiff must a party , in order to affect 19 third persons with constructive notice of the pendency of the 20 action, must file with the clerk of the district court county 21 recorder of the other county a notice of the pendency of the 22 action, containing the names of the parties, the object of 23 the action, and a description of the property in that county 24 affected by the action lis pendens which complies with section 25 617.10 . The clerk shall at once index and enter a memorandum 26 of the notice in the encumbrance book. 27 Sec. 14. Section 655A.3, subsection 3, Code 2016, is amended 28 to read as follows: 29 3. The mortgagee may file a written notice required in 30 subsection 1 together with proof of service on the mortgagor 31 with the recorder of the county where the mortgaged property is 32 located. Such a filing shall have the same force and effect on 33 third parties as an indexed notation entered a notice of lis 34 pendens indexed by the clerk of the district court a county 35 -5- LSB 5254XD (6) 86 jh/rj 5/ 9

S.F. _____ H.F. _____ recorder pursuant to section 617.10 , commencing from the filing 1 of proof of service on the mortgagors and terminating on the 2 filing of a rejection pursuant to section 655A.6 , an affidavit 3 of completion pursuant to section 655A.7 , or the expiration 4 of ninety days from completion of service on the mortgagors, 5 whichever occurs first. 6 Sec. 15. Section 657.2A, subsection 1, Code 2016, is amended 7 to read as follows: 8 1. When a petition affecting real property is filed by 9 a governmental entity under this chapter , the clerk of the 10 district court shall index the petition pursuant to section 11 617.10 , if the legal description of the affected property is 12 included in or attached to the petition , the governmental 13 entity shall file a notice of lis pendens with the county 14 recorder pursuant to section 617.10 . 15 Sec. 16. Section 657A.12, subsection 1, Code 2016, is 16 amended to read as follows: 17 1. When a petition affecting real property is filed by 18 a governmental entity under this chapter , the clerk of the 19 district court shall index the petition pursuant to section 20 617.10 , if the legal description of the affected property is 21 included in or attached to the petition , the governmental 22 entity shall file a notice of lis pendens with the county 23 recorder pursuant to section 617.10 . 24 Sec. 17. REPEAL. Sections 617.12 and 617.15, Code 2016, 25 are repealed. 26 Sec. 18. APPLICABILITY. This division of this Act applies 27 to petitions or municipal infraction citations affecting real 28 estate filed on or after January 1, 2017. 29 DIVISION IV 30 OUT-OF-STATE-WITNESS FEES 31 Sec. 19. Section 819.3, Code 2016, is amended to read as 32 follows: 33 819.3 Fees and enforcement of order. 34 1. A witness named in an order described in section 819.2 35 -6- LSB 5254XD (6) 86 jh/rj 6/ 9

S.F. _____ H.F. _____ is entitled to ten cents per mile for each mile traveled by the 1 most direct route shall receive mileage expenses calculated 2 in the same manner as mileage expenses are reimbursed under 3 section 602.1509 for each mile actually traveled to and from 4 the proceedings the witness is required to attend, and is also 5 entitled to ten dollars per day for each day spent in such 6 travel or in attending the proceedings as a witness. 7 2. If such witness fails without good cause to attend and 8 testify as directed by such order the witness shall forfeit 9 the right to receive mileage and per diem, and shall be guilty 10 of contempt of court for which the witness may be punished 11 accordingly. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to clerks of court, permits the collection 16 of court debt by the clerk of the court of appeals and the clerk 17 of the supreme court, reduces the number of medical reports 18 required to be filed with a clerk of court after an involuntary 19 commitment in connection with a substance-related disorder or 20 a serious mental impairment, and transfers the responsibility 21 to file a notice of lis pendens from the clerk of court to the 22 claimant. 23 DIVISION I —— COLLECTION OF COURT DEBT. Under current law, 24 court debt is payable to the clerk of the district court. 25 This division amends current law to allow the clerk of the 26 court of appeals and the clerk of the supreme court to also 27 accept payment of court debt. The division takes effect upon 28 enactment. 29 DIVISION II —— FILING OF CHIEF MEDICAL OFFICER’S REPORT. 30 Under current law, if a person has been involuntarily committed 31 to a facility in connection with a substance-related disorder 32 or a serious mental impairment, the facility administrator is 33 required to file two copies of the chief medical officer’s 34 substance abuse evaluation or psychiatric evaluation with the 35 -7- LSB 5254XD (6) 86 jh/rj 7/ 9

S.F. _____ H.F. _____ clerk of court. This division provides that only one copy of 1 the substance abuse evaluation or psychiatric evaluation needs 2 to be filed with the clerk of court. The division takes effect 3 upon enactment. 4 DIVISION III —— RECORDING OF LIS PENDENS. Lis pendens 5 is a public notice of a lawsuit affecting real estate. The 6 effect of lis pendens is that if a person purchases real 7 estate subject to a pending lawsuit after the filing of lis 8 pendens, the purchaser takes the real estate subject to all 9 the plaintiff’s claims in the property that are established 10 in the lawsuit. This division provides that a lawsuit is 11 pending until the court enters a final order, including appeal 12 and remand, or the court enters disposition, if any, of the 13 property described in the notice of lis pendens, whichever is 14 later. 15 Under current law, when a petition or municipal infraction 16 citation affecting real estate is filed, the clerk of the 17 district court indexes the petition or municipal infraction 18 citation in an index book under the tract number which 19 describes the property. 20 The division provides that the clerk of district court is 21 not required to index the petition or municipal infraction 22 citation. Instead, when a petition or municipal infraction 23 citation affecting real estate is filed, any party to the 24 pending action may file a notice of lis pendens with the county 25 recorder of each county in which any part of the real estate 26 lies. The notice of lis pendens must contain the names of 27 the parties, the object of the action, a description of the 28 property involved or to be affected, the county where the 29 action is filed, and the associated case number. The division 30 requires that county recorder to endorse on each notice of lis 31 pendens the day, hour, and minute when filed for recording and 32 the document reference number. The recorder must also index 33 the notice and record the lis pendens in the manner provided 34 for recording real estate mortgages. 35 -8- LSB 5254XD (6) 86 jh/rj 8/ 9

S.F. _____ H.F. _____ The division requires the party who files a notice of lis 1 pendens with a county recorder to also electronically file a 2 copy of the notice with the clerk of the district court where 3 the action is filed. The $50 filing fee currently collected 4 by the clerk of the district court is abolished. The party who 5 files the notice of lis pendens is required to pay the county 6 recorder filing fees specified in Code section 331.604. 7 The division provides that if the action is dismissed, 8 the notice of lis pendens is canceled as of the date of the 9 dismissal. 10 The division applies to petitions or municipal infraction 11 citations affecting real estate filed on or after January 1, 12 2017. 13 The division makes conforming changes. 14 DIVISION IV —— OUT-OF-STATE-WITNESS FEES. Under current 15 law, a judge can order a person from another state to appear 16 as a witness in this state, and such person is entitled to 17 reimbursement of 10 cents per mile for each mile traveled 18 to and from the proceedings the person is required to 19 attend. This division amends current law to provide that an 20 out-of-state witness shall be reimbursed in the same manner as 21 mileage expenses are reimbursed under Code section 602.1509, 22 which directs a person to be paid actual and necessary 23 expenses, not to exceed a maximum amount established by the 24 Iowa supreme court. 25 -9- LSB 5254XD (6) 86 jh/rj 9/ 9